SK2007
11-29 05:15 PM
I am not too sure if USCIS would ask questions when I apply for h1B again in future through another company, about my not using my previous H1 aprooval for working in US.
I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.
I don't think USCIS will ask any questions if you are applying for a new H1 from a different company. You might have a problem if you are asking for a transfer as you have not uesd the current H1. Before coming to US, I had 3 H1Bs done by 3 different companies(in the span of 3 years). I used the last one and I had no problem. Actually I had the first H1 stamped and never used it. When I went for the 2nd stamping(before actually coming to US), they just cancelled the first one on my passport. Again, this was between 97 and 99, if things have changed now, I have no idea. I still did not get my GC either (10th year on H1B) so I don't know if that is going to be an issue in future.
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Leo07
01-14 01:06 PM
...and Good Luck
lagsam
04-10 11:20 PM
Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
Als one more thing "Which USCIS Office?" section which date I need to put there.
I sent mine on April 5th and I sent it to the filing address in Arizona because I live in Colorado. Please check the new filing address. Good luck.
Als one more thing "Which USCIS Office?" section which date I need to put there.
I sent mine on April 5th and I sent it to the filing address in Arizona because I live in Colorado. Please check the new filing address. Good luck.
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hiralal
05-13 07:06 AM
I agree with the above ..I guess they come up with visa usage statistics and that will give us an idea ..btw ..unemployment will not come down for years and because of recent swine flu ..CIR will have more opposition .. right wing republicans will call for more deportation rather than more open borders !!!
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Rb_newsletter
01-07 08:36 PM
I found this article in imminfo.com. I could not understand the below line in legal sense. Does this line means that delayed registration of birth is not acceptable?
ImmInfo Newsletter: Required Supporting Documents: Birth Records (http://imminfo.com/News/Newsletter/2010-1/required_supporting_documents_birth_record.html)
Delayed birth certificates are also not considered as conclusive evidence of birth.
ImmInfo Newsletter: Required Supporting Documents: Birth Records (http://imminfo.com/News/Newsletter/2010-1/required_supporting_documents_birth_record.html)
Delayed birth certificates are also not considered as conclusive evidence of birth.
sgorla
02-23 04:25 PM
NV does not allow in-state
OH does allow in-state
AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.
WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.
MD doesn't allow instate
DC has no instate concept at all :)
VA,NY,CA,MA,IL allow instate as of my knowledge.
OH does allow in-state
AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.
WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.
MD doesn't allow instate
DC has no instate concept at all :)
VA,NY,CA,MA,IL allow instate as of my knowledge.
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FredG
November 15th, 2007, 11:53 PM
I got in the habit of reformatting cards after a few episodes of returning a card with pix remaining to a different body and having it reset my numbering system. It's not uncommon to download cards from more than one body at a time. It's easier for me to format than to keep track of which card(s) came from which body.
I use (in order) a blower, an arctic butterfly, a lens pen. I check before going to the next step and try to get the job done with the least intrusion.
I use (in order) a blower, an arctic butterfly, a lens pen. I check before going to the next step and try to get the job done with the least intrusion.
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Bimmer740i
07-10 07:39 PM
http://www.ilbsg.com
They charge $600 for H-1B
They charge $600 for H-1B
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jscris
July 15th, 2004, 12:58 PM
I love my Better Beamer. :) I think my last posted shot of the brightly sunlit finch wouldn't have been usable without the fill flash. Can you handhold that 300 2.8?
Janet
Janet
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andy garcia
05-21 02:09 PM
Are you sure? it is going to be too much pain....
Check this memo: Elimination of Form I-688B (http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf)
Check this memo: Elimination of Form I-688B (http://www.uscis.gov/files/pressrelease/ElimI688B_081806R.pdf)
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shaikhshehzadali
12-28 09:14 AM
I can see it in my browser. Good news for NSC as most of the dates moved significantly. Expecting to get news on my I-140 by May 2008 or earlier.
Which world are u? These dates are there online for more than 2 weeks now.
Which world are u? These dates are there online for more than 2 weeks now.
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gcisadawg
02-02 12:56 AM
dude, I believe the above proposed law is tailored beautifully for illegal immigrants. It mentions about continuous presence but no word on 'legal' continuous presence! Also seems like the 'criminal offense' in US doesnt take into account the very first one, the act of entering illegally!
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deepakjain
11-16 06:36 PM
Please don't give out wrong information. Noone asking you to reply if you are not 100% sure of what you are saying.:mad:
Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.
I am 100% sure on what I am saying and will never suggest something to anyone if I myself has not been advised to follow the guideline.
The gentelman who replied last has already stated the same thing, work for the same employer to maintain your H1B if you enter on AP, but you will be a parolee until your H1B get renewed again.
Regards,
Deepak
Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.
I am 100% sure on what I am saying and will never suggest something to anyone if I myself has not been advised to follow the guideline.
The gentelman who replied last has already stated the same thing, work for the same employer to maintain your H1B if you enter on AP, but you will be a parolee until your H1B get renewed again.
Regards,
Deepak
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bibhudc
08-21 04:39 PM
Thanks for your replies. The additional thread did throw some light.
Is there any statistic (or guess-timates) for how many people are waiting for their green cards ? by nationality, EB category, Priority Month etc.
Is there any statistic (or guess-timates) for how many people are waiting for their green cards ? by nationality, EB category, Priority Month etc.
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bfadlia
05-26 12:52 PM
I was in the same situation last month. I live in minnesota had 485 receipt from july 2007, EAD for myself but no EAD for wife, so i wished the 485 will do. DMV said the same crap that since 485 has no expiration date, they only accept 485 that is not older than 6 months old (with the wild assumption that any 485 is approved or denied within 6 months). I got infopass appointment with USCIS, got letter that my case is still pending, and they laughed in DMV saying they know my case is still pending, they have some kind of access to USCIS database. After a lot of arguing and going up to managers in DMV, they agreed to give me and wife 6 months driving license and told me you have to find another immigration document next time (meaning apply for EAD for urself and wife)
Sorry if this does not help you much.
Which DMV did you go to? My wife and son's H4's are expiring on June 4th and have pending I 485 since July 2007. They are not renewing the DL's based on the pending receipt of I 485 which they claim to be too old and need a new one.. Tried contacting USCIS but could not get through.. Can you pls. let me know which DMV did you go? How old is your pending I 485 and did you have to get a letter from USCIS? If yes, then how did u reach them and if you have any phone number for them..
Pls. advise..
Best...
Sorry if this does not help you much.
Which DMV did you go to? My wife and son's H4's are expiring on June 4th and have pending I 485 since July 2007. They are not renewing the DL's based on the pending receipt of I 485 which they claim to be too old and need a new one.. Tried contacting USCIS but could not get through.. Can you pls. let me know which DMV did you go? How old is your pending I 485 and did you have to get a letter from USCIS? If yes, then how did u reach them and if you have any phone number for them..
Pls. advise..
Best...
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martinvisalaw
12-01 06:01 PM
The relevant dates, as I see it, are:
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation if you want a 2nd opinion.
10/06: H-1B ext filed
12/06: H-1B expired, ext still pending
7/07: 485 filed.
??: H-1B ext denied?
Using INA 245k you may be able to argue that you are eligible to adjust because you may not have violated status for over 180 days, or at all, before filing the 485. Recent CIS memos on the issue of unlawful presence and related topics have made this a very complicated subject, so you really need to review the entire history with an immigration attorney in a formal consultation if you want a 2nd opinion.
more...
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raysaikat
10-10 05:58 PM
Thank you very much for all your support. If they are able to transfer his visa, then I am suspecting that they will do fraud with me. Can I inform USCIS about our domestic problem ? If they receive any application about visa transfer. How can I know that ? I don't want my visa used by them at all.After that they can do anything with me. Please help. Thanks!
There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.
At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.
You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.
There is nothing called "VISA transfer". All VISA petitions are "new". In some cases, if the person is already in US in legal status, then USCIS will provide I-94 with the VISA approval notice so that the person does not have to go out; otherwise s/he has to go out of US, get a VISA stamp (if s/he has no VISA stamp for that category) and return on that VISA.
At the time of his new VISA petition, if your dependent wants to claim the he is in H-4 status (so that USCIS gives him I-94), he has to submit copies of primary's (yours) I-797, VISA stamp, etc., with his own application to prove that the primary is in status. In your case, ask your employer to withdraw the H1-B application from USCIS once you leave US. This way your dependent will not be able to use your I-797 to prove his status. AFAIK, usually an employer does not do so since it is additional cost for them. Keep a copy of the letter/email you send to your employer requesting them to withdraw the H1-B petition, and the letter/email you send to your dependent informing him about your departure and that he will be out of status from that time (keep proof of delivery for any physical mail). That should protect you.
You may choose to tip off ICE (1-866-DHS-2-ICE) after your departure that your dependent has not left US, and is out of status. He will not start accruing "illegal presence" until 6 months, but he will be "out of status" from the day you quit your US position. I believe he cannot stay in US as "out of status" (i.e., if ICE wants, they will be able to deport him). In any case, you should take a decision to do such a thing only after considerable thought and keeping aside any anger from the decision process.
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Euclid
02-11 06:24 PM
Hi Prashanthi,
Thank you for your reply.
The receipt is not for an "initial or renewal" (OPT) EAD. It is for the "replacement for a lost (OPT) EAD".
I do have the approval notice in hand. It the actual OPT EAD that is lost.
Note: A receipt for an application for an initial or renewal USCIS
Employment Authorization Document (EAD) filed on a Form I-765,
Application for Employment Authorization, is not acceptable for Form
I-9 verification purposes.
Also for immigration purposes you cannot start working until you have the approval in-hand.
Thank you for your reply.
The receipt is not for an "initial or renewal" (OPT) EAD. It is for the "replacement for a lost (OPT) EAD".
I do have the approval notice in hand. It the actual OPT EAD that is lost.
Note: A receipt for an application for an initial or renewal USCIS
Employment Authorization Document (EAD) filed on a Form I-765,
Application for Employment Authorization, is not acceptable for Form
I-9 verification purposes.
Also for immigration purposes you cannot start working until you have the approval in-hand.
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gveerab
09-26 07:06 PM
My spose and myself got EIDs, but I decided to be on H1b. But a small company offered my wife to work as part time employee, one day per week and they are ready to pay couple of hunder dollers.
Becase my wife gets some experience, we thought that is good idea.But the question is do we need to ask them to run the W2 form for her or just taking the money and reporting that income to IRS while filing taxes is enough? Gurus please answer.
Becase my wife gets some experience, we thought that is good idea.But the question is do we need to ask them to run the W2 form for her or just taking the money and reporting that income to IRS while filing taxes is enough? Gurus please answer.
venky08
07-28 04:59 PM
guys...
don't be pessimists...this baloon has been blown a lot bigger than what it really is. there have been some crazy estimates that the number of application that would reach USCIS are anywhere from 100k to 700K or something...its a joke! the lawyer's websites would state anything to make you cringe at this whole process...
Remember this: nobody is going to give you a warm and fuzzy feeling about the dream of getting a green card in short duration...you just have to learn to be pleased by what has been accomplished this month and hope to expect similar good things happening along the way in the future. just keep on doing action items from IV, continue contributing and expect that they will decide to use the last few years' ROW visa to clear the backlog...Cheers!
don't be pessimists...this baloon has been blown a lot bigger than what it really is. there have been some crazy estimates that the number of application that would reach USCIS are anywhere from 100k to 700K or something...its a joke! the lawyer's websites would state anything to make you cringe at this whole process...
Remember this: nobody is going to give you a warm and fuzzy feeling about the dream of getting a green card in short duration...you just have to learn to be pleased by what has been accomplished this month and hope to expect similar good things happening along the way in the future. just keep on doing action items from IV, continue contributing and expect that they will decide to use the last few years' ROW visa to clear the backlog...Cheers!
chanduv23
11-06 10:09 AM
Jet airways resumed new service to US recently. That's why you couldn't find many people traveling by Jet airways. I heard the flights are new, service is good and the travel is quite comfortable. I am travelling to chennai from EWR end of november and am looking forward to the trip.
Great to know, now I feel comfortable :)
Great to know, now I feel comfortable :)
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